The board originally censured Gintner based on complaints from Assistant Treasurer Melisa Doig and Town Accountant Lisa Gabree. Doig alleged Gintner accessed Doig's town-issued computer and deleted 15 emails from Doig's town-issued email account while Doig vacationed in August 2011. Gabree provided Gintner the password to Doig's Munis software program, which Doig had set to match her email account.

Gintner has denied deleting emails from Doig's account.

Further, the town has denied Gintner's request to have access to Doig's email account, which she said could contain evidence that will clear her. On Aug. 14, state Supervisor of Records Shawn Williams ordered the selectmen to provide Gintner access to Doig's email account, which they have refused to do.

Gintner's attorney Rebecca Pontikes noted that the town's email policy warns an employee that they should have no expectation of privacy with town emails and that the employee's email is subject to monitoring.

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Pontikes noted that the Doig/Gabree complaint wasn't handled according to the town's personnel policy. Pontikes said such complaints are supposed to be aired before the Personnel Board, and not the high-profile Board of Selectmen where the complaint "became more public. It was really an inter-personal dispute."

Gintner, who had served in Doig's position before Doig was hired in 1998, states that then and now, she'd strived to have a good relationship with everyone in town hall. Gintner said she regretted the current state of affairs with Doig broke down into "false public accusations."

Pontikes took exception Luca calling Gintner a "hacker." The term, along with the censure vote, unfairly implies that Gintner broke the law, said Pontikes.

Luca moved to uphold the censure, said it is not true the board is "out to get" the treasurer. Hillman asked if Pontikes had new evidence. She said she did not, because she has been blocked in doing so. Hillman seconded Luca's motion.

Maxant suggested politics are at play. "I'm pretty sure I'm sensing it accurately ... I don't see any proof that our treasurer deleted any email."

Conley said it's "not a fact" that email was deleted by Gintner. "It's a perception of a probability. This board is retaliating for whatever reason, I don't know. I think there are individuals retaliating for whatever reason I don't know."

Fay said he felt a "fiduciary responsibility" in rebuking the treasurer. "We sought findings of fact through legal counsel and found them. We sent -- I'll call it a warning shot across the bow. That is what the censure amounts to."

Luca had called the incident "hacking." Pontikes said Gintner was given the password voluntarily, which is not the same thing. Luca later called that "a poor choice of words on my part."

Gintner filed suit against the selectmen on Sept. 13 in Middlesex Superior Court.

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